The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1887-12-11
Clncinnati's Great Bank Criminal S
insufficient Defense.
Tho Case Submitted to tho Judges
Without Argument.
The Court Instructs the Jury to Find
that n Crime Was Committed.
Harper Intimates that He Could, II He
Would, Implicnte others-Ho Says
Three other omcers of tho
Bank Specialized.

N'Nn'N III lilt liWItl hld NhlN hi'lhlS
kept the crowded courtroom in a hush OF
silence, Court was opened in the usual
way, Harper appeared accompanied by
his wife and her sister and his little boy, a
fine looking fellow of nine years.
Thotestimony Of the defense was virtually
nothing. Mr.. Marchant told what was the
state OF the account with Swiits iron and
steel works in 1887. II amounted 10 So.
600 deposits and $40, 500 withdrawn an
ovcrdraft. Mr.. Phillips was called TO show
that the property OF these works wits worth
over 100000. J, +, Iarkin, banker, was
called 10 show that Wiltshire was buying
wheat for Others than Harper, but all he
could say was that his bank had handled
some paper Of Undertakes with indorsc-
mcnts by Wiltshire, and the court ruled II
all out rs incompetent
Undertake himself was called. lie
said Wiltshire never bought for him nor he
for Wiltshire. Wiltshire had simply in
dor-cd some of his paper. Mr. Blackburn
said his purpose was TO show that VIII
shirc's testimony tina, he had bought for
Harper was nottruc. The urtrcmindCd
counsel that Wiltshire had testified that he
bought 900 600 bushels on his own ac.
count, and ii they could show lac had
bought more than this, i might be done.
The witness was excused.
Edgar Stark bank cashier, was called 10
tell OF iimbCrlakc transactions, hut II was
ruled out and Mr.. Blackburn said: with
that ruling of the court We have no further
testimony
ltwasno lO3Oo'clock Mr. Harper and
his counscl Withdrew Demonstration. Dep.
uty Marshal Umcr followed. lntcn minutes
Mrs. Harper was called out The consul
tatiu was upon the question OF submit.
ting the ease without argument. At 1915
O'Clock the parties all returned, and Mw
Harper was carrying her babe. She st
down beside her husband, with the child
on her knee, removed it, white hood and
displayed lovely head aud face, fair hair,
bright eyes, fine complexion aud iull,
round checks There was u whispered
consultation at the table tor a minute ~
two, during which, above the Low hum Of
the rUwJl, could he heard the fluto-like
tones Of the baby's voice ~ Il reached 20
the table after papers II was the only
plea that WIS Offered for IT, nthcr, for
when Mr.. Blackburn arose lac slid that,
under the ruling oi the court as to the cW.
dcncc offered, he had no mop Witnesses TO
offer.
The government called Mos,r. llinch
and Hayes, but the questions asked them
hal been asked before, aud they were
ruled out. Mr.. Burnett then said the GOV.
crnmcnt would rest,
Judge jackson win you argue the ease?
Judge Wilson, for the defense, said they
would submit without argument II the
government would
Mr. Burnett We will.
Judge jackson then prepared to deliver
his charge 10 the jury. The charge occu
pied nm hour aud fifty minutes Ia delivery
lie began by referring " the form Of the
Indictment, and then gave the usual dciini.
tions oi the points OF law nccos
sary 10 bc considered Ny the jury
In criminal Indictment. lie
then called their attention 10 the
difference between criminal acts hvoiicrr
Of banking association, and Others. by
which losses might accrue but not be Grim.
inal, and remarked that In every count
Harper was charged with q criminal net.
lie defined the term abstract, ~ used In
the statute, ~ meaning Ia take without the
knowledge of the officers at thc association
and uso ID for the benefit uf others and
with intent 10 dcimud. An intent to dc.
fraud applied tO every act which h Illegal
aud tends to injury. After defining what
was mean. los proof beyond reasonable
doubt, hc said the responsibility ol bank
officers WIS not Tor losses on honest legal
loans In good filth ior the benefit of the
association, but for illegal acts lot the bcnc-
ft Of others than the bank
lie then passed IN review Of the facts
proven, saying the court could assume
those things proven which had been pre-.
scented In evidence by both sides. He
then enumerated, one after another, the
various acts regarded ~ proven 10y llar
pcr's own admission, such M n credit 10
the Riverside iron and steel works upon
no consideration, and declared that the de-
PENDANT committed wrongful act when
he took the check oi ihc Riverside works
In that way. 80 Of the $4,000 certificate
Of deposit in the Fint National bank oi
New York, represented by his own check.
This was u criminal act, admitted 10y the
defendant.
Going on IN the order Of time, the court
cited act after act, oil admitted 10y Harper,
which, under the ruling Of the court, con.
siitutCd criminal acts. Among Others was
$1,000 10 lloyt for Hopkins, In which
Harper said lac was 10 be- Bhnrcr with
Hopkins. by sending collaicrals 10 the
Chemical National bank, June 10, the de-
fcndant committed an unlawful, criminal
act. llapcr's heroic efforts 10 save the
bank does not excuse him any more
than man would be- excused for
scutilng ship by nilcrward
making efforts 10 save u. Referring
10 llarpcr's defense, that he was trying TO |
save the bank, lac severely arraigned his
method, saying II was not reasonable for n
man 10 sink 81, 100000 In trying 10 save
$4,000. Summing up, lao said the court |
ins,rucis the Jury that II must find on his
own testimony that the defendant had
committed n crime.
The Jury was then instructed how 10 !
make the form Of their verdict, and they
were taken 90 their room a. begin their
consultation. The court adjourned until
2 y clock.
JUDGE IAcKsoN's CHARGE.
The sudden close Of the Harper trial
without argument was no surprise 10 any
ono who had watched the progress Of the
testimony and had knowledge Of the law.
NoeounSel could have gone before that Jury